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Legality of child pornography

Nations based on their laws involving possession of child pornography:

Possession of any kind of pornography (including child pornography) legal

Possession of child pornography illegal

Possession of any kind of pornography illegal

Data unavailable

The legality of child pornography is explicitly addressed in 94 of the 187 Interpol member states as of 2008, according to research performed by the International Centre for Missing & Exploited Children (ICMEC) Koons Family Institute on International Law and Policy.[1][2] Of those 94 countries, 58 criminalized possession of child pornography regardless of intent to distribute.[1] This figure does not count legislation outlawing all pornography;[1] figures that also include non-specific bans on all pornography would therefore be higher if available.

Convictions for possessing child pornography also usually include prison sentences, but those sentences are often converted to probation for first-time offenders.[3] Some nations such as Canada and Australia have laws banning cartoon, manga or written child pornography and others require ISPs (Internet service providers) to monitor internet traffic to detect it.[4][5][6]

While laws criminalizing child sexual abuse now exist in all countries of the world,[9][10] more diversity of views exists on questions like exactly how young those depicted in pornography should be allowed to be, whether the mere possession of child pornography should be a crime, or whether sentences for such possession should be modified.

In 1999, in the case of R. v. Sharpe, British Columbia's highest court struck down a law against possessing child pornography as unconstitutional.[11] That opinion, written by Justice Duncan Shaw, held, "There is no evidence that demonstrates a significant increase in the danger to children caused by pornography," and "A person who is prone to act on his fantasies will likely do so irrespective of the availability of pornography." [12] The Opposition in the Canadian Parliament considered invoking the notwithstanding clause to override the court's ruling.[13] However, it was not necessary because the Canadian Supreme Court overturned the decision with several findings including that viewing such material makes it more likely that the viewer will abuse, that the existence of such materials further hurts the victims as they know of its existence and that the demand for such images encourages the abuse.[14]

In the United States, some federal judges have argued that the U.S. Sentencing Guidelines' recommended penalties for possessors of child pornography are too harsh.[15] Judge Jack B. Weinstein of New York criticizes the mandatory sentence for possession of child pornography as often higher than the penalty for actually committing the act of child abuse it depicts. Furthermore, child pornography prosecutions have led to dozens of suicides, some of them among the innocently accused.[16] The requirement that people convicted of possessing child pornography pay restitution has been criticized by some judges and law professors. This has been particularly controversial in cases involving millions of dollars of restitution, as in those pertaining to the Misty Series.[17] But in 2010, the US Ninth Circuit Court of Appeals ruled that restitution directly to depicted minors was an appropriate penalty for possession of child pornography.[18]

During the nomination process at the 2008 Libertarian National Convention, anarcho-capitalist and U.S. Presidential candidate Mary Ruwart came under fire for her comment in her 1998 book, Short answers to the tough questions, in which she stated her opposition not only to laws against possession of child pornography but even against its production, based on her belief that such laws actually encourage such behavior by increasing prices.[19] Shane Cory, on behalf of the minarchist United States Libertarian Party in his role as executive director, issued a response saying, "We have an obligation to protect children from sexual exploitation and abuse, and we can do this by increasing communication between state and federal agencies to help combat this repulsive industry. While privacy rights should always be respected in the pursuit of child pornographers, more needs to be done to track down and prosecute the twisted individuals who exploit innocent children."[20] Cory resigned after the party refused to vote on a resolution asking states to strongly enforce existing child porn laws.[21]

A law came into effect in 1999 that forbids the sale, production and distribution of child pornography as well as the possession of child pornography for the aforementioned purposes. Simple possession (with no intent to sell, produce, or distribute) was outlawed in 2014; Hentai was excluded to prevent abuse of the law due to its ambiguity.

Laws on child pornography (real or fictional) are very strict; it is subject to censorship and all forms of child pornography are illegal in the UK in accordance to EU law. The punishments are some of the harshest in the world. Although the UK made child pornography illegal long before the European Union did so, a bill was also passed by the EU in 2006 that made all forms of child pornography illegal throughout all EU member states.[22]

Laws on child pornography are very strict with some of the harshest penalties in the world. Fictional child nudity and erotica is protected as freedom of expression if considered art, unless it is considered obscene.

While there is no minimum age of consent in Cameroon, the law prohibits the use of children for the production of pornography. Distributing child pornography or any document that "could harm the dignity" of a child is punishable by 5 to 10 years of imprisonment and fines from 5 million CFA francs to 10 million CFA francs. It is not known if possession of child pornography is illegal.[36]

Under laws prohibiting attacks on "good morals", the sale, production, and distribution of all pornography, including child pornography, is illegal in Djibouti and punishable by one year in prison and a fine of up to DJF 200,000.[41]

While the law in Ghana does not specifically prohibit child pornography, it can be prosecuted as an "offense against public morals" which is punishable by a maximum of three years in prison and/or a fine ranging from 120 to 600 cedis.[46]

Child pornography is illegal in Lesotho and is punishable by imprisonment of up to 2½ years and/or a fine up to 30,000 maloti. In child pornography production cases where a child is trafficked, the offender faces up to life imprisonment and a fine of 2 million maloti.[49]

The government in Madagascar in 2007 adopted a law modifying the criminal code to define child pornography, making it illegal. As of 2012, the laws have been used in court on several occasions but has not resulted in a conviction. Officials said the laws were often not uniformly interpreted or applied.[51]

While the Ministry of Social Welfare, Gender, and Children’s Issues has indicated child pornography cases are covered under the Child Rights Act of 2007, which prohibits "cruel, inhuman, and degrading treatment" of children, the law in Sierra Leone does not prohibit child pornography. As of 2012, there is no record of anyone ever having been charged or convicted of child pornography.[62]

Article 29 of Somalia's national constitution defines a child as any individual under the age of 18, and stipulates that "every child has the right to be protected from mistreatment, neglect, abuse, or degradation."[63]

While it appears the law in Zimbabwe does not specifically prohibit child pornography, a person in possession of child pornography can be charged with public indecency which is punishable by a fine of $600, imprisonment up to six months, or both.[70]

The law in Argentina does not prohibit the simple possession of child pornography, but child pornography possession with the intent to distribute is punishable by imprisonment ranging from 4 months to 2 years.

Any person who produces, finances, offers, trades, publishes, facilitates, disseminates or distributes, by any means, any representation of a person under eighteen 18 years of age in explicit sexual activities or any representation of their genital parts for predominantly sexual purposes, as well the organization of live shows of explicit sexual representations involving such minors is punishable by imprisonment ranging from 6 months to 4 years.[71]

Production, distribution and possession of child pornography are clearly illegal and widely prosecuted in Brazil in accordance with its Code of Minors. Also possibly illegal would be simple visualization and lack of denunciation, though it is not directly mentioned in the Code of Minors. Level of enforcement has historically varied by courts. Brazil also criminalizes every kind of prostitution of those under 18 years of age more severely.

While the simple visualization of cartoons depicting sexual acts involving apparently human minors may not be illegal in itself, possession and especially production and/or distribution can be interpreted in courts to be of the same level of actual child pornography, since legislation is vague on the subject (see Articles 241-C and 241-E of the Code of Minors). Such a scenario is very remote though, as Brazilian courts do not often charge people for victimless crimes, especially those related to sexual misconduct (for example, while the age of consent is 14, the 18-year-old sexual partner of a consenting 13-year-old was once freed after less than two days by a judge[73]).

"Article 240. To produce, reproduce, direct, photograph, film or record, by any means, explicit sex scenes or pornography involving a child or adolescent (Amended by Law No. 11,829, 2008)

Penalty – imprisonment of four (4) to eight (8) years and a fine. (Amended by Law No. 11,829, 2008)

SECTION #1 Incurs the same penalties whom brokerages, facilitates, recruits, coerces, or otherwise mediates the participation of children and adolescents in the scenes mentioned in this article, or with those whom they contrascene. (Amended by Law No. 11,829, 2008)

SECTION #2 The penalty is acrescented a further third if the agent commits the crime: (Amended by Law No. 11,829, 2008)

I – at the public position or function or at the pretext to excerce it; (Amended by Law No. 11,829, 2008)

III – prevailing itself of relations of affinity of consanguinity to the third degree, or by adoption, in position of guardian, custodian, mentor, employer of the victim or who, in any capacity, has authority over his/hers, be it with its consent. (Included by Law No. 11,829, 2008)

Article 241. To sell or to expose to sell photograph, video or other record that contains explicit sexual or pornographic scenes involving children or adolescents: (Amended by Law No. 11,829, 2008)

Penalty – imprisonment of four (4) to eight (8) years and a fine. (Amended by Law No. 11,829, 2008)

Article 241-A. To offer, exchange, disponibilize, transmite, distribute, publish or divulge by any means, including through system of computing or telematics, photograph, video, or other record containing explicit sexual or pornographic scenes involving children or adolescents: (Included by Law No. 11,829, 2008)

Penalty – imprisonment of three (3) to six (6) years and a fine. (Amended by Law No. 11,829, 2008)

SECTION #1 The same penalties apply to those who: (Included by Law No. 11,829, 2008)

I – ensures the facilities or services for the storage of photographs, footage or images treated in the caput of this Article; (Included by Law No. 11,829, 2008)

II – secures, by any means, access to the internet for photographs, footage or images treated in the caput of this article. (Included by Law No. 11,829, 2008)

SECTION #2 The conducts typified in sections I and II of section #1 of this Article shall be punishable when the legal representative for the service has been officially notified, fails to disable access to the illegal content treated in the caput of this article. (Included by Law No. 11,829, 2008)

Article 241-B. Acquiring, possessing or storing by any means, photograph, video or other form of record that contains explicit sexual or pornographic scenes involving children or adolescents: (Included by Law No. 11,829, 2008)

Penalty – imprisonment of one (1) to four (4) years and a fine. (Included by Law No. 11,829, 2008)

SECTION #1 The penalty is reduced by 1/3 (one third) to 2/3 (two thirds) if the material referred to in the caput of this article is of small amount. (Included by Law No. 11,829, 2008)

SECTION #2 There is no crime if the possession or storage is intended to communicate to the competent authorities the occurrence of the conduct described in Articles 240, 241, 241-A and 241-C of this Act, when the call is made by: (Included by law No. 11,829, 2008)

I – public officer in the exercise of its duties; (Included by Law No. 11,829, 2008)

II – member of organization, legally constituted, which includes, among its institutional purposes, receiving, processing and forwarding news of the crimes listed in this paragraph; (Included by Law No. 11,829, 2008)

III – legal representative and officials of Internet Service Provider or service provided through computer network, upon receiving the news related materials made to the police, the prosecutor or the judiciary. (Included by Law No. 11,829, 2008)

SECTION #3 The persons referred to in section #2 of this Article shall keep confidential the referred infringing material. (Included by Law No. 11,829, 2008)

Article 241-C. To simulate the participation of children or adolescents in explicit sexual or pornographic scenes by tampering, digital editing or modification of photograph, video or any other form of visual representation: (Included by Law No. 11,829, 2008)

Penalty – imprisonment of one (1) to three (3) years and a fine. (Included by Law No. 11,829, 2008)

Single paragraph. Incurs the same penalties whom sells, offers for sale, delivers, distributes, publishes or disseminates by any means, acquires, owns or holds the material produced in the form of the caput of this article. (Included by Law No. 11,829, 2008)

(...)

Article 241-E. For the purpose of the crimes defined in this Law, the term "explicit sexual or pornographic scenes" means any situation involving children or adolescents in explicit sexual activities, real or simulated [emphasis added], or exhibition of the genitals of a child or adolescent for primarily sexual motivations. (Included by Law No. 11,829, 2008)"[74]

Canadian law forbids the production, distribution, and possession of child pornography. Possession of child pornography is punishable by up to 10 years in prison. Production and distribution of child pornography is punishable by up to 20 years in prison. Browsing for child pornography on the internet is punishable by up to 5 years in prison. Prohibitions cover visual representations of sexual activity by persons (real or imaginary) under the age of 18, depiction of their sexual organ/anal region for a sexual purpose, or any written material or visual representation that advocates child pornography offenses against a person under 18. There is an exception for material with artistic merit or an educational, scientific, or medical purpose. The law against simple possession of child pornography was declared void in British Columbia by a 1998 provincial court ruling but this decision was overturned two years later by the Canadian Supreme Court.[75] The high court further concluded that a "person" under the law could be either real or fictional and that the prohibition of written texts was potentially acceptable.[76][77] Cases have now been prosecuted in Canada involving anime and manga child pornography.[5]

The law in Guyana does not specifically prohibit child pornography. However, the law does regulate the sale, publishing, or exhibiting of obscene material, defined as anything that could deprive or corrupt those open to immoral influences.[79]

The production, possession, importation, exportation, and distribution of child pornography is illegal in Jamaica and is punishable by a maximum penalty of 23 years in prison and a fine of J$500,000.[80]

Child pornography is illegal in Mexico and laws are strictly enforced. Any person caught producing, distributing, possessing, owning, exporting, importing child pornography or browsing for child pornography over the internet, involving children engaging in sexually explicit conduct or posing in sexually explicit manners shall be punished with up to 12 years' imprisonment, with hard labor, as well as a fine up to MXN $500,000. A second conviction for child pornography requires the offenders to be placed on the Sex Offender Registry permanently.

Although child pornography may also be obscene, a legal term that refers to offensive or violent forms of pornography that have been declared by decisions by the U.S. Supreme Court to be outside the protection of the First Amendment regarding free speech,[81] it is defined differently from obscenity. Federal Sentencing Guidelines regarding child pornography differentiate between production, distribution and purchasing/receiving, and also include variations in severity based on the age of the child involved in the materials, with significant increases in penalties when the offense involves a prepubescent child or a child under the age of 12. The punishments are usually very severe normally ranging from 5 to 40 years' imprisonment. The U.S. laws against child pornography are always enforced and among the harshest in the world.[82] Despite the very harsh laws, the U.S. is one of the largest producers of child pornography in the world, behind Japan and Russia. The PROTECT Act of 2003 codifies much of the U.S. child pornography laws, including simulated child pornography, such as cartoons, and has been used to successfully prosecute individuals for possession of cartoon child pornography.[83] Fictional (simulated) child pornography, however, is legalized if and only if it passes the Miller test.

The possession, production, distribution and public sale of child pornography is illegal in Bangladesh and punishment by fines and up to 10 years' imprisonment. Trafficking in children for "illegal and immoral purposes" is a capital offence in Bangladesh and the offenders can face the death penalty or up to life imprisonment.

Pornography of any kind, including child pornography is illegal in the People's Republic of China.[84] As of 2015 China has no specific law that refers to child pornography in particular.[85]

Under the criminal code of China, those producing, reproducing, publishing, selling, or disseminating obscene materials with the purpose of making a profit may be sentenced up to three years in prison or put under criminal detention or surveillance, in addition to paying a fine. Offenders in serious cases may receive prison sentences of three to 10 years, in addition to paying a fine. If the case is especially serious, they are to be sentenced to 10 years or more in prison or given a life sentence, in addition to a fine or confiscation of property. Persons found disseminating obscene books, magazines, films, audio or video products, pictures, or other kinds of obscene materials, if the case is serious, may be sentenced up to two years in prison or put under criminal detention or surveillance. Persons organizing the broadcast of obscene motion pictures or other audio or video products may be sentenced up to three years in prison or put under criminal detention or surveillance, in addition to paying a fine. If the case is serious, they are to be sentenced to three to 10 years in prison in addition to paying a fine.[84] Broadcasting or showing obscene materials to those under the age of 18 is also illegal and has more severe punishments compared to distribution to those 18 or older.

As in Mainland China, child pornography of any kind is illegal in Hong Kong. The law makes it an offense to possess, produce, copy, import, or export pornography involving a child under 18 years of age, or to publish or cause to be published any advertisement that conveys or is likely to be understood as conveying the message that any person has published, publishes, or intends to publish any child pornography. The penalty for creation, publication, or advertisement of child pornography is eight years’ imprisonment, while possession carries a penalty of five years’ imprisonment.[86]

Child pornography is illegal in India. In February 2009, the Parliament of India passed the Information Technology (Amendment) Bill which made creation and transmission of child pornography illegal. The bill also enables India's law enforcement agencies to take action against those seeking child pornography. For example, browsing for child pornography on the internet can lead to a 5-year term in prison and ₹ 1 million fine.[87]

In Indonesia all pornography is forbidden but Indonesia has no laws regarding pornography online. Jakarta's Chinatown district is considered to be one of the largest pornographic bazaars in Southeast Asia. Indonesia has been called "a heaven for child pornography".[89]

Child pornography is illegal in Japan. The production, sale, distribution, commercialization, and/or possession of child pornography is illegal under Article 7 of the Act on Punishment of Activities Relating to Child Prostitution and Child Pornography, and the Protection of Children[90] and is punishable by a maximum penalty of half a decade in prison and/or a fine of ¥5,000,000.[91] Possession of child pornography with any intent of distribution or sale is also illegal.[90] New law regulations since 2014 require people in possession of child pornography to dispose of it within a year before they risk prosecution in Japan.[92]

The law in Kazakhstan does not prohibit the simple possession of child pornography.[72] In 2010, the government introduced a criminal statute on the production and distribution of child pornography. Those convicted face administrative penalties.[93]

Malaysia does not have specific legislation about child pornography. However, the offense of rape and other forms of child sex abuse are punishable under Section 376 and Section 376B of the Penal Code, as well as the Child Act 2001. The age of consent for sexual activity in Malaysia is 16 years and above for both males and females.[94] Muslim non-governmental organisation Pertubuhan Ikram Malaysia (Ikram) president Dr Mohd Parid Sheikh Ahmad pointed out - in the case of Mara scholar Nur Fitri Azmeer Nordin who was caught with 30,000 explicit images of naked children or children taking part in a sexual act that watching pornographic videos and images is also haram in Islam.[95]

Possession and distribution of child pornography is illegal in Pakistan. Whoever commits an offence of child pornography shall be punished with imprisonment of either description for a term which shall not be less than two years and may extend up to seven years or fine which shall not be less than two hundred thousand rupees and may be extend up to seven hundred thousand rupees or with both.

The Philippines passed Republic Act No. 9775 "Anti Child Pornography Act" in November 2009. The Act outlaws the production, creation, distribution and possession of child pornography. It also places obligations on mall operators and owners of commercial property to ensure that violations of child pornography are not being committed on their premises.

Controversially, the Act also creates obligations on internet-related service providers to ensure child pornography is not being stored or transmitted through their services. The Act requires internet service providers and internet hosting services to employ filtering software and to report child pornography violations within 7 days of discovery. How this obligation is to be implemented is yet to be seen. As of February 2010[update] the implementing rules and regulations were yet to be released by the National Telecommunications Commission and the Inter-Agency Council Against Child Pornography.

The law also expressly places obligations upon photo developers, information technology professionals, credit card companies, banks and anyone with direct knowledge of child pornography activities to report suspected child pornography materials and transaction within 7 days of discovery.

Prior to the Anti-Child Pornography Act, it was already illegal to use children for pornography and to sell and distribute that material. Under section 9 of Republic Act No. 7610 "Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act", its prohibited to hire, employ, use, persuade, induce or coerce a child into performing for obscene publications or pornographic materials.

In addition, the Anti-Trafficking in Persons Act (Republic Act no. 9208) also outlaws the trafficking of children for the use in pornographic material.

It is against the law to keep, distribute or sell pornographic materials, under the Undesirable Publications Act 1967, as well as section 292 of the Penal Code. It is also against the law to keep, distribute or sell pornographic films under sections 29 and 30 of the Films Act 1981.[100]

ICMEC Singapore may have built a voluntary Asia-Pacific Financial Coalition Against Child Pornography (APAC-FCACP) by bringing together representatives from the financial and technology industries along with members of the law enforcement community to fight online child sexual exploitation.[101] This is modeled after the Financial Coalition Against Child Pornography in the United States.

The law in South Korea does not prohibit the simple possession of child pornography without purpose of profit, but production and distribution of child pornography is illegal and punishable by up to a year in prison or by fines which can total up to 20 million Korean Won; moreover, the criminal can be forced to wear an electronic ankle bracelet for up to 10 years, can be listed on the sex offenders registry for up to 20 years, and may be prohibited from working in child and youth related occupations.

All pornography, including child pornography is considered a trafficking crime in Syria, but is unclear if this includes simple possession of child pornography. The penalties for child pornography are also unknown and it is unclear if anyone was ever prosecuted for child pornography.[102]

The production, distribution, import, or export of child pornography is illegal in Thailand and punishable by a maximum of 3 years in prison and a fine not more than 6,000 baht.[103] Possession of child pornography is illegal since 8 December 2015.[104]

The production, distribution, dissemination, and sale of any kind of pornography, including child pornography is illegal in Vietnam and is punishable by 3 to 10 years in prison. Simple possession of child pornography is most likely illegal as well, since the laws in Vietnam prohibit all pornography, regardless of circumstances.[105]

The production and distribution of child pornography is illegal in Albania and punishable by a fine of 1 million leks to 5 million leks and a prison sentence of 1 to 5 years. It is unknown if simple possession of child pornography is illegal.[106]

The law in Belarus does not prohibit the simple possession of child pornography,[72] but production and distribution of pornographic materials depicting a minor is illegal and punishable by up to 13 years in prison.[109]

Possession, production and distribution of child pornography is illegal in Belgium and is enforced by authorities. Possessing child pornography can result to up to one year in prison, and producing or distributing child pornography is punishable by up to 15 years in prison. The law permits the prosecution of residents who commit such crimes while abroad.[110]

Possession, production and distribution of child pornography is illegal in Croatia and punishable by up to 5 years in prison. Also, exposing children to pornography may result in fines or a sentence of up to one year in prison.[111]

The possession, manufacturing, and distribution of child pornography is illegal in the Czech Republic and punishable by up to 8 years in prison.[112] Possession of child pornography was made illegal in 2007 and is punishable by up to 2 years in prison.[113]

Possession, distribution, and production of child pornography is illegal under Danish law, likewise is spectating such an act even without taking part. Specifically, §230, §235, and §235a in the Danish Penal Code are concerned with children and pornography, although the language is dated and vague.[114]

Under Finnish law, it is illegal to possess, produce or distribute child pornography. Possession of child pornography is punishable by fine or imprisonment of one year while production or distribution of child pornography is punishable by fine or two years imprisonment.

"Aggravated" distribution of child pornography depicting a child whom is (1) particularly young, (2) also subject to violence or particularly humiliating treatment, (3) the offence is committed in a particularly methodical manner or (4) the offence has been committed in the framework of a criminal organisation; and is punishable by up to six years imprisonment.[115]

German prosecution authorities and legal bodies of Germany's 16 states handle the definition of child pornography highly differently. The German Edathy affair (former member of parliament) of 2013/2014 following the neglected cooperation of BKA within the Canadian child pornography uncoverings gave way for new legislation procedures in parliament to define the status of either posing or exhibitive pictures of minors. New laws were still in parliamentary debating as lately as 19. December 2014. The production, distribution, possession and possession for sale of child pornography is completely illegal in Germany. A conviction for either one is punishable by up to 15 years' imprisonment. Attempting to gain access to child pornography is punishable by up to 6 years of imprisonment.[117]

The Child Trafficking and Pornography Act 1998 prohibits the production, distribution, sale, publication and possession of child pornography. Penalties include prison sentences and fines. The most common way individuals in Ireland distribute or acquire child pornography is via the internet. Some ISPs have implemented filters that block sites containing child pornography. In early 2015, UPC set up an internet filtering system with the help of An Garda Síochána (The Irish Police Service) to block child pornography which applies to all of its customers. If an internet user tries to access a blocked site, a message will be displayed stating that the material is illegal and that is why the site has been blocked. However, UPC does not pass on the details of customers who try to access blocked sites to An Garda Síochána. However, not all ISPs have filters in place and filters can easily be bypassed using proxy servers.

Production, possession, distribution of child pornography in all its forms is illegal in Italy. The Italian law clearly designates child pornography as "portraying or visually depicting any minor engaged or involved in sexually explicit activities, as well as the simple lascivous exhibition or genitals or of the pubic region".[121]

From 2 March 2006, prohibition also extends to simulated child pornography in a specific legal designation that defines virtual imagery as "[...] images realized through the modification of real photographs or images of minors, or parts thereof, with graphic elaboration techniques [...] whose quality makes non real situations appear as real." This excludes drawings, cartoons, and other non-realistic simulated child pornography.[122]

Producers and distributors of child pornography are punished with imprisonment from six to twelve years, and with a fine ranging from 25.822 to 258.228 Euros. Possession of child pornography is punished with imprisonment up to three years, and with a minimum fine of 1500 Euros (Codice penale, Article 600 ter, paragraph 5); sentences can be doubled or tripled if the quantity of child pornography found in possession of the culprit is "vast".

Secondary punishment includes a lifetime ban from employment in schools and in public or private services, organizations, structures, institutions or business establishments mainly frequented by minors.

Production and possession of child pornography is illegal in Monaco.[72] Since April 2009, the government of Monaco uses a list established by the Internet Watch Foundation to block access to websites containing child pornography.[123]

Child pornography is statutorily criminalised in the Portuguese Criminal Code (Código Penal Português). The age of sexual content in Portugal is, in principle, 16 years of age. The participation of underage persons in pornographic scenes is subject to stricter standards however because they are subject to the general regime of adulthood, which was set by the Civil Code at the age of 18.

The display, selling, dissemination, renting, distribution, and production of child pornography, defined as any pornographic material involving minors, is punishable by 1 to 5 years in prison. If these acts are done with the use of information technology, the punishment is 2 to 7 years. Unlawful accessing of child pornography through information technology is punished by 3 months to 3 years in prison or by a criminal fine.[125]

The Russian law does not prohibit the simple possession of child pornography.[126] The production, trade turnover of child pornography materials, as well as involvement underage individuals into production of such materials is punishable by deprivation of liberty for a term of two to fifteen years.

The law in Spain prohibits child pornography. The penal code criminalizes both using a minor "to prepare any type of pornographic material" and producing, selling, distributing, displaying, or facilitating the production, sale, dissemination, or exhibition, of "any type" of child pornography by "any means." Knowingly possessing child pornography is also penalized, carrying a potential prison sentence of up to one year. The penalty for the production, sale, or distribution of pornography in which a child under 18 years of age has been involved is imprisonment from one to four years or up to eight years if the child is under 13.[128]

Presumed illegal prior to 1971. Legal from 1971–1980. Now still illegal. The National Library of Sweden experienced a dispute regarding the alleged collection due to their legal obligation to archive all material printed on Swedish soil.[129][130] This became publicized as activist groups Hand in Hand and Anhöriga till sexuellt utnyttjade barn became involved.[131] "The criminalization of possession of the drawings would otherwise exceed what is necessary with regard to the purpose which has led to the restriction on freedom of expression and freedom of information,"[132]

The production, import, duplication, transportation, storage, export, presenting the same to other’s use, or possession of child pornography is illegal in Turkey.

Article 226 of Turkish Penal Code (Law Nr. 5237) states that "Any person who uses children in production of indecent scenes, words or articles is punished with imprisonment from five years to ten years, and also imposed punitive fine up to five thousand days. Any person who engage in import, duplication, transportation, storage, export of these products, possession, or presents the same to other’s use, is punished with imprisonment from two years to five years, and also imposed punitive fine up to five thousand days."[133]

The law in Ukraine does not prohibit simple possession of child pornography,[72] but courts have the authority to limit access to websites which distribute child pornography and to impose financial penalties and prison sentences for those running the websites.

Nina Karpachova, the Ukrainian Parliament Commissioner for Human Rights, said in June 2011 that a significant amount of child pornography available on the Internet originates in Ukraine. It is believed the child pornography market in Ukraine is worth about $100 million per year.[134]

In the United Kingdom, it is illegal to take, make, distribute, show or possess an indecent image of a child under 18. Before 2003 it was illegal to take, make, distribute, show or possess an indecent image of a child under 16. The maximum sentence is 10 years imprisonment for extreme cases, 5 years imprisonment for high level cases & a summary conviction of 6 months imprisonment and/or statutory maximum fine for lower level cases.

Acts such as possession, production and distribution of child pornography are illegal in Australia and can be punished by up to a maximum penalty of 10 years' imprisonment and/or a $275,000 fine. People have been successfully prosecuted after describing acts of abuse via MMS.[4]Operation Auxin in September 2004 led to the arrest of almost 200 people on charges of child pornography, and "sting" operations are common.

In December 2008, a Sydney man was convicted with possessing child pornography after sexually explicit pictures of children characters from The Simpsons were found on his computer. The NSW Supreme Court upheld a Local Court decision that the animated Simpsons characters "depicted", and thus "could be considered", real people.[135]

Also in March 2011, a Tasmanian man was convicted with possessing child pornography after police investigators discovered an electronic copy of The Pearl by Anonymous on his computer. The Pearl is available for purchase within Australia and published by Harper Collins.[136] The conviction was revoked on appeal.[137]

Browsing for or attempting to privately gain access to child pornography is illegal in New Zealand and could possibly face up to a 5-year sentence in prison or a fine up to $NZ50,000. The production of child pornography as well as distribution carries stricter punishments. Distribution carries a penalty of up to 14 years' imprisonment. Production of child pornography is considered a form of child sexual abuse under the criminal code of New Zealand which is punishable by up to 10 years' imprisonment or a fine up to $NZ200,000.

Every type of pornography is illegal in Papua New Guinea, with laws strictly enforced. Pornographic websites are blocked in the country. The possession, sale, import and export of pornography is punishable by up to 6 months' imprisonment with a fine up to 1,000,000 kina. Child pornography is illegal in Papua New Guinea and punishable by 5 to 15 years' imprisonment and/or a fine up to 2 million kina.[139]

^Levesque, Roger J. R. (1999). Sexual Abuse of Children: A Human Rights Perspective. Indiana University Press. pp. 1,5–6,176–180. The world community recently has recognized every child's fundamental human right to protection from sexual maltreatment. This right has been expressed in recent declarations, conventions, and programs of action. Indeed, the right to protection from sexual maltreatment is now entrenched so strongly in international human rights law that no country can relinquish its obligation.

^"United Nations Convention on the Rights of the Child". Office of the United Nations High Commissioner for Human Rights. 1989. Archived from the original on 2010-06-11. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse... States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, States Parties shall in particular take all appropriate national, bilateral and multilateral measures to prevent: (a) The inducement or coercion of a child to engage in any unlawful sexual activity; (b) The exploitative use of children in prostitution or other unlawful sexual practices; (c) The exploitative use of children in pornographic performances and materials.

^ ab"Country Reports on Human Rights Practices". U.S. Department of State. "Pornography of any kind is illegal, including child pornography. Under the criminal code, those producing, reproducing, publishing, selling, or disseminating obscene materials with the purpose of making a profit may be sentenced up to three years in prison or put under criminal detention or surveillance, in addition to paying a fine. Offenders in serious cases may receive prison sentences of three to 10 years, in addition to paying a fine. If the case is especially serious, they are to be sentenced to 10 years or more in prison or given a life sentence, in addition to a fine or confiscation of property. Persons found disseminating obscene books, magazines, films, audio or video products, pictures, or other kinds of obscene materials, if the case is serious, may be sentenced up to two years in prison or put under criminal detention or surveillance. Persons organizing the broadcast of obscene motion pictures or other audio or video products may be sentenced up to three years in prison or put under criminal detention or surveillance, in addition to paying a fine. If the case is serious, they are to be sentenced to three to 10 years in prison in addition to paying a fine." (US government public domain text)

^Zhang, Laney (Foreign Law Specialist). "Children's Rights: China" (Archive). Library of Congress. August 2007. Last updated 16 March 2015. Retrieved on 25 April 2015. "The PRC Criminal Law does not specifically regulate child pornography. Distributing pornography to minors under age eighteen is punishable by a heavier penalty within the punishments for distributing pornography."